Comparing the 2024 Lok Sabha Election Manifestos from the perspective of Technology Rights and Gig Workers

On April 19th, the first phase of the 2024 Lok Sabha Elections will commence in various states such as Tamil Nadu, Assam and Arunachal Pradesh.1 In pursuance of the same, political parties like the Bhartiya Janata Party (BJP), Indian National Congress (INC), Communist Party of India (Marxist) [CPI(M)] and Dravida Munnetra Kazhagam (DMK) have recently released their manifestos. Typically, election manifestos serve as a blueprint that highlights the motivations, aims and promises of a political party to the public.2 In this blog post, we will compare the election manifestos of the above mentioned parties on technology-related rights and gig workers.

Technology Rights

Recognizing that the judgement in K.S. Puttaswamy recognized the Fundamental Right to Privacy (2017),3 INC, CPI(M) and DMK have focused their attention towards the Digital Personal Data Protection Act, 2023 (DPDPA). Apart from the issue of privacy, DMK has also promised to remove Section 124 of the IPC since they believe that this provision has been misused severely to curb free speech and expression by the Union Government.4

INC and CPI(M) have taken a step further by recognizing the need to ensure that Fundamental Rights such as freedom of speech and expression and privacy are not diluted.5 INC has claimed that it will review the DPDPA, Telecommunications Act, 2023, for provisions that are violative of such rights.6

Both INC and CPI(M) have promised to not consider the draft on Broadcasting Services (Regulation) Bill.7 CPI(M) argues that such enactments are not only violative of Fundamental Rights but have an authoritarian and draconian character.8 They have also promised to withdraw provisions of the Telecommunications Act, 2023 that could further surveillance and interception, internet shutdowns, weakening of encrypted services, and KYC requirements of social media users.9 Importantly, both INC and CPI(M) recognize that such law provides the government or the State with an expansive amount of discretion to exempt themselves from accountability towards its citizens’ right to privacy.10

However, the manifesto of BJP does not address any of such issues raised by its counterparts. Instead, BJP is inclined to accelerate technological development as well as the integration of the larger digital public infrastructure (‘DPI’) into various social welfare schemes. They firmly believe in the growth of the nation and their empowerment ‘through new-age technology’ like optic fibre connections, digital solutions and drones.11 They aim to enhance digital literacy for senior citizens by conducting training and education on the safe use of UPI services.12 In addition, BJP wishes to build a separate DPI to support farmers and reduce information asymmetry in the agriculture industry.13 However, they will rely on the existing DPI to support the economic growth of micro, small and medium enterprises (MSMEs).14 They also wish to enhance digital sovereignty of the nation and take strict measures against entities that threaten the safety of citizens on the internet.15

Gig Workers

For gig workers, INC and CPI(M) have promised to formulate a law that specifies and protects their rights as well as for other unorganized workers – to enhance their social security.16 On the other hand, BJP wish to achieve greater integration between social security rights and DPI – through the utilization of the post office and Digital India network.17 The goal is to provide comprehensive insurance coverage and ensure easy enrollment and seamless payment through digital technologies.18 In pursuance of the same, they are planning to collaborate with platforms for the registration of gig workers on the ‘e-Shram’ platform.19

However, BJP seem to have a clear ambition of utilizing the DPI to benefit gig workers and farmers. They also believe that the technology behind the DPI can be shared with partner countries.20 In relation to gig workers, it is understood that BJP intends to pair social security rights with the DPI whereas INC and CPI(M) want to secure the rights of such workers through a clear legislative framework. BJP also assured that they will protect digital sovereignty. It will be seen if the proposed Digital India Act would be instrumental in such a mission. However, the landscape for tech rights and the gig economy could significantly transform – irrespective of outcome of the 2024 Lok Sabha Elections.

Please find a tabulated representation of the various promises made within such election manifestos below.

Party Name Data Protection Censorship Telecom Surveillance AI Others Gig Workers
INC
  • Due to inadequate parliamentary scrutiny, laws pertaining to workers, farmers, criminal justice, environment & forests and digital data protection, will be thoroughly reviewed and changed.
  • Promise to review all laws that interfere with the right to privacy and make suitable amendments to uphold the same.
  • The Broadcasting Services (Regulation) Bill, 2023 will be withdrawn.
  • Recent enactments like DPDPA, and Press and Registration of Periodicals Act, 2023 give unbridled powers of censorship to the government.
  • The restrictive provisions of the two Acts will be suitably altered or removed to eliminate ‘backdoor censorship’.
  • To preserve the freedom of the Internet and to prevent arbitrary and frequent shutdowns of the Internet, a law shall be passed to protect the same.
  • The Cinematograph Act, 1952 shall be amended to provide that the Central Board of Film Certification grants graded certificates as per a criteria that is transparent and reasonable.
  • Undertake a review of the Telecommunications Act, 2023 – removal of provisions that restrict freedom of speech and expression and the right to privacy.
  • In support of independent journalism, Congress will enact laws to protect journalists from coercive action by the State.
  • This would be achieved by restricting the powers of the government for surveillance of journalists, seizure of their devices and exposure of their sources. 
  • Encouragement and support for the use of Artificial Intelligence, robotics. They believe that this will lead to the creation of new and front-line jobs.
  • In addition, it will be ensured that more job opportunities arise in sectors where conventional technology is used.
  • The concept of national security in the 21st century can also include hybrid warfare, data security, cyber security, financial security, communication security and security of trade routes. INC has pledged to evolve suitable policies to address each of these areas.
  • Since online education has gained importance, INC aims to ensure that all students of classes IX to XII have mobile phones to ensure equitable access to learning. They have pledged to provide free and unlimited internet on college and school campuses to increase accessibility and connectivity.
  • Assist state governments to establish state-of-the-art Internet-enabled public libraries in state, district and taluk headquarters. 
  • Pledged to develop a law that will specify and protect the rights of gig workers and unorganized workers to ensure their social security.
BJP    
  • Promise to expand the 5G telecom networks and to lead in the development of 6G technology.
 
  • In order to detect and dismantle drug trafficking networks, BJP has promised to utilize Big Data analytics, artificial intelligence, drones and satellite.
  •  Ensuring thorough implementation of the ‘One Nation, One Student ID’ through the Automated Permanent Academic Account Registry (APAAR). The registry will be used to record academic qualifications, credit scores and certificates, among others for students from pre-primary to higher education.
  • Providing training to senior citizens for using UPI and other online payment methods.
  • Promise to maintain digital sovereignty of the nation and take strict measures against entities that threaten the safety of citizens on the internet.
  • Develop the BharatNet project to provide every village with broadband, and increasing access to high-speed internet.
  • Share the technology behind the DPI with partner countries.
    Development of a separate DPI for farmers to mitigate information asymmetry in the agriculture industry.
  • Development of digital university for free industry-focused education to provide up-skilling opportunities to people belonging to economically vulnerable backgrounds.
  • Creation of a Digital Tribal Arts Academy  to foster tribal art forms.
  • Development of a bundle of public cybersecurity products to enable small traders and MSMEs to protect themselves against cyber threats.
  • Creation of Digital Land Records system.
  • Through the successful implementation of social security insurance schemes like PM Jeevan Bima and Suraksha Bima for unorganised workers. It has been promised that all such schemes shall be integrated into the post office and Digital India network.
  • This will be utilized to provide comprehensive social security cover for accident and life insurance.
    In addition, they have assured that digital technologies will enable  easy enrollment and seamless payment.
  • They are planning to collaborate with platforms for the registration of gig workers on e-Shram platform.
DMK
  • Amendments will be made within the DPDPA to include digital rights as fundamental human rights.
  • Repealing Section 124 of the IPC as it has diluted freedom of speech and expression.
 
  • Appointments to surveillance organizations will be made by a nomination committee, with 50% of members being representatives from various states.
 
  • An ISRO technology park will be established in the Sathankulam area to provide employment opportunities for the youth.
  • Technologies like GPS-based automated train safety, Automatic Train Protection (ATP), Communication-Based Train Control (CBTC), and GPS based tracking will be utilized across India to prevent rail accidents and ensure the safety of passengers.
  • Customized curricula with modern technologies will be provided for children with disabilities.
  • College students will receive a free SIM card with One GB data per month.
 
CPI (M)
  • The DPDPA could lead to digital authoritarianism as it provides the State with broad powers of surveillance over citizens and also big businesses a free hand to use citizens data for their own profits.
  • The DPDPA will be replaced by a legislation that will be based on a proper justiciable framework as per the K.S. Puttuswamy judgement on privacy as a fundamental right.
  • Enact a new legislation that will establish an independent constitutional authority to monitor violations by government as well as private businesses of citizens‟ right to privacy.
  • Withdrawal of the draconian IT Amendment Rules (2023) as it grants the government with extensive powers to censor; establish a fact check unit at the discretion of the Union government.
  • Withdrawal of the 2021 amendments to the IT Rules will
    Review of the draft Registration of Press and Periodicals Bill, 2022.
  • The draft Broadcasting Services (Regulation) Bill, 2023 will not be considered.
  • Removal of the draconian provisions of the Telecommunications Act 2023 related to surveillance and interception, internet shutdowns, weakening of encrypted services, and KYC requirements of social media users.
  • Promise to reverse pro-private telecom policies to encourage telecom and internet penetration in rural and remote areas via public sector; strengthening public sector telecom companies BSNL and MTNL by guaranteeing a level playing field and rapid roll-out of 4G and 5G services.
  • Ensuring the right to internet; developing national self-reliance in communication equipment
    manufacturing.
  • De-militarisation of cyber-space; protection from cyber-attacks and phishing; protection of the privacy of all individuals and prevention of snooping and surveillance over individuals.
  • Stop all forms of digital surveillance by State agencies without explicit and specific warrants and under strict judicial supervision; prevent use of malware, hacking or other intrusive technologies such as Pegasus to gain control over citizens‟ phones, computers and other digital devices.
  • Taking Internet governance out of US control to an appropriate international body; promoting a people-centric internet which builds on social justice and free from control of global corporations; promoting a global internet regime that protects the right to privacy and does not allow mass surveillance by either governments.
  • Provide requisite mission-mode R&D funding for identified sectors of the “4th Industrial Revolution” such as Artificial Intelligence (AI), Internet of Things (IoT), bio and nano-technology etc; also focus on agricultural research to break monopolies of MNCs and enable climate-resilient agriculture/horticulture.
  • Regulate AI, genetic engineering, data-mining and IT-based surveillance so as to ensure public good.
  • Promote free and open source software (FOSS) and other new technologies, free from monopoly ownership through copyrights or patents; “knowledge commons” to be promoted across disciplines eg like biotechnology, AI and drug discovery
  • Strengthen the Competition Commission of India to be able to effectively curb
    and regulate the power of telecom and digital monopolies.
  • Proactive initiative to bring more IT jobs and technological growth to Tier-II and Tier-III cities without compromising workers’ rights; boosting IT hardware and component production; introduction of state-owned IT companies to digitize all departments and their services; developing rules to regulate algorithms, AI/ML, and other emerging technologies with the goal of democratizing their benefits to the public.
  • Recognise digital infrastructure as public infrastructure to be used for public good.
  • Restricting private monopolies in essential infrastructure sectors, including ports-to-power conglomerates, data storage and handling; building a strong public sector data infrastructure to secure Indian citizens’ sovereign data and implementing policies to limit the free use of personal data by private corporations.
  • Introduction of public sector digital platform services to break the monopoly of global corporations like Amazon, Uber, Zomato, etc; ensuring systematic government support and protection for indigenous start-ups and cooperatives in the expanding digital economy
  • Enactment of a law that will effectively govern the working conditions of
    gig workers as well as those working remotely.
  • Ensuring
    that IT & ITES workers are covered under labour laws.
AAP Not yet released Not yet released Not yet released Not yet released Not yet released Not yet released Not yet released

1For the full list, see Pragati Pal, 2024 Lok Sabha Election 1st Phase Polling On April 19: Check State-wise Schedule, Key Constituencies & Candidates, News18 (last updated: April 15th, 2024, 12:04 pm IST) https://www.news18.com/elections/lok-sabha-election-2024-phase-1-schedule-date-statewise-constituencies-candidates-bjp-congress-manifesto-8851841.html.

2What are election manifestos and their significance to the polling process, The Economic Times (last updated April 5th, 2024, 09:09 pm IST) https://economictimes.indiatimes.com/news/elections/lok-sabha/india/what-are-election-manifestos-and-their-significance-to-the-polling-process/articleshow/109071750.cms?from=mdr.

3Justice K.S. Puttaswamy v. Union of India (2017) 10 SCC 1.

6INC, ibid, page 21.

7 For clarification – CPI(M) will not consider it whereas INC will wihdraw it. INC, ibid, page 23; CPI(M), ibid, page 42.

8 CPI(M), ibid, page 41-2.

9 Ibid.

10 Ibid

12 Ibid page 20.

13 Ibid page 24.

14 Ibid page 30-1.

15 Ibid page 39.

16 INC, (n page 20,28; CPI(M), (n) page 27.

18 Ibid, page 20.

19 Ibid page 28-9.

20 Ibid, page 37.ff

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